Act No. 301 / 1995 Coll.
Act amending and supplementing Act No. 468 / 1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, Act No. 103 / 1992 Coll., on the Council of the Czech Republic for Radio and Television Broadcasting, as amended, Act No. 483 / 1991 Coll., on Czech Television, as amended, Act No. 484 / 1991 Coll., on the Czech Radio, as amended, and Act No. 368 / 1992 Coll., on Administrative Charges, as amended
Valid
Law
Effective from 01.01.1996
301
THE LAW
of 8 December 1995
amending and supplementing Act No. 468 / 1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, Act No. 103 / 1992 Coll., on the Council of the Czech Republic for Radio and Television Broadcasting, as amended, Act No. 483 / 1991 Coll., on Czech Television, as amended, Act No. 484 / 1991 Coll., on the Czech Radio, as amended, and Act No. 368 / 1992 Coll., on Administrative Charges, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended by Act No. 597 / 1992 Coll., Czech National Council Act No. 36 / 1993 Coll., Act No. 253 / 1994 Coll., Act No. 40 / 1995 Coll. and Act No. 237 / 1995 Coll., is amended as follows:
1. in Paragraph 2 (1) (a), the word "satellite" is replaced by the word "satellites."
2.
(1) The broadcaster (hereinafter referred to as "operator") is the person who has obtained the broadcasting authorisation under the law (hereinafter referred to as "legal operator") or the licence granted under that law (hereinafter referred to as "licensed operator") or the registration under that law (hereinafter referred to as "registered operator").
(2) A legal person may become a licensed or registered operator if it has its registered office in the Czech Republic and is registered in the Commercial Register. If a legal person does not have a registered office in the Czech Republic, he may become a licensed or registered operator only for the current, complete and unchanged dissemination of programmes already broadcast.
(3) A natural person may become a licensed or registered operator only if he is permanently resident in the Czech Republic. Where a natural person is granted a licence or a marketing authorisation under this Act, he shall be required to register. ';
3. The text of Article 5 becomes paragraph 1; in Article 5 in the newly marked paragraph 1, the following point (c) is inserted after point (b):
"(c) ensure that broadcast programmes do not contain sub-threshold messages;"
Points (c) to (f) shall be renumbered (d) to (g).
4. In Article 5, in the newly marked paragraph 1, point (g) is replaced by the following:
"(h) indicate the designation of the television station (logo) for television broadcasters."
5. the following paragraphs 2, 3 and 4 are added:
"(2) Operators shall inform the licensing authority that they have been granted a licence (2a) to issue periodical printing or that their undertaking has been merged with another person (2b) to issue periodical printing.
(3) The radio operator shall inform the licensing authority that its undertaking has been merged with another person (2b).
(4) The television broadcaster shall inform the licensing authority that his undertaking has been merged with another person's undertaking (2b) operating radio broadcasting.
2a) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
2b) § 8 of Act No. 63 / 1991 Coll., on the Protection of Competition, as amended. '
6. In Article 6a (2), the words "Holders of a television licence 'are replaced by the words" Licensing broadcasters and registered broadcasters'.
7. In Article 7 (1), "3% 'is replaced by" 1%'; the words "licence holders' are replaced by the words" licensed and registered operators', the words "programme 'are deleted and the words" licence holders' are replaced by the words "licensed and registered operators'.
8.
"(2) In radio broadcasting, advertising time may not exceed 0,2% by law for operators, licensed operators and operators registered with 20% of daily broadcasting time. '
9. in Paragraph 9 (2), point (d) shall be deleted. Point (e) shall be renumbered as point (d).
Article 10 (9) (4) reads as follows:
"(4) The operator of radio broadcasting from the law reserves transmission channels (part of the frequency spectrum) and a network of transmitters enabling the coverage of the Czech Republic by two broadcast circuits in the middle wave band, two broadcast circuits in the very short wave band and one broadcast circuit in the long wave band."
11. Article 10 (1) reads as follows:
"(1) The licence authorises its operator to broadcast to the extent and under the conditions laid down by this Law and other legislation."
12. Article 10 (3) reads as follows:
"(3) The licence is granted to applicants by the Council of the Czech Republic for radio and television broadcasting (hereinafter referred to as the Council). No legal claim shall be granted. '.
13. Article 12 (2) reads as follows:
"(2) The Council may decide that the information relating to the programme composition indicated by the applicant in the licence application [Paragraph 11 (1) (e)] shall be partly or wholly binding on the radio or television licence operators. Such a decision shall be part of the decision granting the licence. ';
14. Paragraphs 3 and 7 shall be deleted in Paragraph 12. Paragraphs 4 to 6 shall become paragraphs 3 to 5.
15. in Sections 13 and 15, the word "licence holder" is replaced by the word "licensed operator";
16. Paragraph 14 (1) reads as follows:
"(1) The operator shall notify the Council of any changes relating to the information contained in the application (§ 11) or to compliance with the conditions laid down in the decision granting the licence (§ 12 (2)) and provide evidence of such changes within 15 days of the occurrence of such changes. '
17. in Paragraph 14 (2), the words "or the licence shall be withdrawn (§ 15)" shall be deleted.
18. In Paragraph 14 (3), "holder 'is replaced by" operator'.
19. in Article 15 (1), point (c) shall be deleted; Point (d) shall be renumbered (c).
20. Paragraph 15 (2) (a) reads as follows:
"(a) the licensed operator seriously infringes the conditions resulting from the licensing decision (§ 12 (2)), the obligations laid down by this law or other legislation;"
21. in Article 15 (2) (c), "§ 5 (6)" is replaced by "§ 5 (1) (g)"; in point (d), the words "contrary to the terms of the licence 'are deleted; in point (e), the word" holder' is replaced by the word "operator ';
22. In Paragraph 15 (4), "holder 'is replaced by" operator'.
23. The heading of Part Four reads "REGISTRATION."
24. Article 16 and 17, including Notes (a) and (b), read:
(1) The authorisation to disseminate broadcasting via satellite, via cable or via satellite and cable is subject to registration.
(2) An application for registration shall be submitted at least 60 days before the intended start of the broadcast referred to in paragraph 1 and shall include:
(a) the name, registered office, legal form of the legal person and the name, surname and permanent residence of the person authorised to act for it, an extract from the commercial register; for a natural person, the name, surname and permanent residence;
(b) an extract from the record of the criminal record of a natural person intending to carry out a broadcast pursuant to paragraph 1 or a statutory authority of a legal person intending to carry out a broadcast pursuant to paragraph 1. Where the statutory body is a collective body, the extract from the record shall be submitted by all its members; an extract from the Register of Penalties shall not be more than six months old;
(c) the time and territorial scope of broadcasting and its organisational and technical security;
(d) proof of the conclusion of a contract with organisations authorised to exercise collective management of copyright and related copyright, 8a)
(e) information on the way in which the broadcasting is financed and, in the case of legal persons, data on the contributions of individual members and the amount of the capital;
(f) information on the radio and television programmes it intends to disseminate; in the case of cable transmission, the planned channel occupancy and technical specification of the cable distribution according to a specific regulation. 8b)
(1) The Council shall register. The registration procedure shall be opened on the date on which the application was issued to the Council. If the application does not contain the particulars referred to in Article 16 (2) or if the information in it is incomplete, the Council shall notify the person who made the application without delay, but not later than 15 days after its receipt, and shall set a time limit for the removal of the defects.
(2) The Council is required to decide on a marketing authorisation within 30 days of the initiation of the marketing authorisation procedure.
(3) The Council will refuse registration if the defects of the application are not remedied within the time limit set. The Council shall also refuse registration if it appears from the application that there will be an infringement of the legislation or if an extract from the Register of Penalties submitted pursuant to Article 16 (2) (b) shall contain a record of a conviction for an intentional offence.
(4) If the Council has not decided on a marketing authorisation within the time limit referred to in the preceding paragraphs, the date of registration shall be the day following the expiry of that period. This will be confirmed by the Council to the person who submitted the application.
(5) An operator with a registration which has started broadcasting shall notify the Council within 30 days.
(6) The registrant shall notify the Council of any change to the information contained in the application. The amendment may be made only after it has been registered by that authority. The provisions of the preceding paragraphs shall apply mutatis mutandis.
(7) The Council may revoke the registration if the operator with a registration has provided false information in the registration application or if it repeatedly infringes this law or other legislation relating to the operation of the broadcast. The Council shall revoke the registration if the operator so requests with the registration or if there are grounds for refusing the registration referred to in paragraph 3.
(8) The registration expires:
(a) 30 days after the death of the natural person,
(b) the disappearance of a legal person;
(c) if the operator has not registered in the commercial register (§ 3 (3)) until the time of the start of the broadcast,
(d) by a Council decision pursuant to paragraph 7.
8a) Act No. 237 / 1995 Coll.
8b) Federal Ministry of Communications Decree No. 73 / 1974 Coll., on joint distribution of radio and television signals by cable, as amended by Federal Ministry of Communications Decree No. 360 / 1991 Coll. '
25. Paragraph 18 is deleted.
26. The indication of Part Five, including the heading "Cable wiring ', is deleted. Parts sixth and seventh shall be renumbered as parts fifth and sixth.
27. Paragraph 19 repeals paragraph 1, including footnote 9). Paragraphs 2 to 5 shall be renumbered paragraphs 1 to 4.
28. In Article 19, in the newly designated paragraph 1, the following words are inserted after the words "by law ':" and licensed operators'; at the end of the sentence, the following words are added: "both sides free of charge '; the second sentence is deleted.
29. in Article 20 (1), the words "or the body referred to in Article 17 (d)" and the last sentence shall be deleted.
30. in Article 20 (3) (a), the words "Article 5 (4)" shall be replaced by "Article 5 (1) (e)"; in point (b), the words in brackets "Section 5 (5) 'are replaced by" Section 5 (1) (f)'; in point (c), the words "and licensed operators' are replaced by" 1 '; in point (d), the heading "4' is replaced by" 3 '; in point (e), the heading "5' is replaced by" 4 ';
31. paragraph 4 shall be deleted in Paragraph 20. Paragraphs 5 to 10 shall be renumbered paragraphs 4 to 9.
32. the following points (a) and (b) are inserted in Paragraph 20 of the newly marked paragraph 4:
"(a) sends a programme the content of which is contrary to the obligations of operators referred to in Article 5 (1) (a) and (b) of this Act;
(b) broadcast a programme which could jeopardise the psychological or moral development of children and adolescents prior to 22: 00; ';
Points (a) to (e) shall be renumbered as points (c) to (g).
33.In Paragraph 20, in the newly marked paragraph 4 (g), the dot at the end is replaced by a semicolon and the following points (h) and (i) are added:
"(h) not to report changes to the information contained in the registration application (§ 17 (6));
(i) has failed to fulfil the obligations under Article 5 (1) (g). ';
34. In Article 20, in the newly designated paragraph 5, the words "paragraph 5 'are replaced by the words" paragraph 4' and the words "without being authorised to do so (Article 3) 'are replaced by the following words:" or has not complied with the obligation under Article 5 (2) to (4)'.
35. In Article 20, in the newly designated paragraph 6, the words "when the authority referred to in Article 16 became aware of the infringement 'are replaced by the words" when the Council became aware of the infringement'.
36. In Paragraph 20, in the newly marked paragraph 8, the words "up to 6 'are replaced by the words" up to 5'.
37. In Paragraph 20 of the newly marked paragraph 9, the last sentence is deleted.
38. In Article 21, the following words are inserted after the words "decision to withdraw a licence (§ 15) ':", decision to refuse a marketing authorisation (§ 17), decision to revoke a marketing authorisation (§ 17)'.
39.
If the Act mentions the Federal Council for Radio and Television, it is understood to be the Council of the Czech Republic for Radio and Television. '
Act of the Czech National Council No. 103 / 1992 Coll., on the Council of the Czech Republic for Radio and Television Broadcasting, as amended by Act of the Czech National Council No. 474 / 1992 Coll., Act of the Czech National Council No. 36 / 1993 Coll., Act No. 331 / 1993 Coll. and Act No. 253 / 1994 Coll., is amended as follows:
Paragraph 2 (1) (i) reads as follows:
"(i) keep a register of registered radio and television broadcasters;"
The Act of the Czech National Council No. 483 / 1991 Coll., on Czech Television, as amended by the Act of the Czech National Council No. 36 / 1993 Coll. and Act No. 253 / 1994 Coll., is amended as follows:
1.
"(a) operates television broadcasting on two broadcasting circuits,"
2. Paragraph 13, including footnote 4, reads as follows:
Czech television can use its technical and production base only in accordance with this Act (Sections 2 and 3) and the obligations and permissions provided for by the legislation.4)
4) Paragraph 9 (1) and (2) of Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting. '
Article 3, paragraphs 14a and 14b are deleted.
The Act of the Czech National Council No. 484 / 1991 Coll., on the Czech Radio, as amended by the Act of the Czech National Council No. 36 / 1993 Coll. and Act No. 253 / 1994 Coll., is amended as follows:
In Article 11 (2), "one percentage 'is replaced by" 0,2%';
Act of the Czech National Council No. 368 / 1992 Coll., on administrative fees, as amended by the Act of the Czech National Council No. 10 / 1993 Coll., Act No. 72 / 1994 Coll., Act No. 85 / 1994 Coll., Act No. 273 / 1994 Coll., Act No. 36 / 1995 Coll., Act No. 118 / 1995 Coll. and Act No. 160 / 1995 Coll., is amended as follows:
Annex to the Act of the Czech National Council No. 368 / 1992 Coll., on administrative fees, as amended by Act No. 85 / 1994 Coll., Act No. 273 / 1994 Coll. and Act No. 36 / 1995 Coll. "Administrative fee box 'is amended as follows:
Item 69 reads as follows:
"Heading 69
| a) Vydání rozhodnutí o registraci nebo udělení licence k televiznímu vysílání | Kč 50 000,- |
| b) Vydání rozhodnutí o registraci nebo udělení licence k rozhlasovému vysílání | Kč 15 000,- |
| c) Za provedené změny registrace nebo udělené licence k televiznímu vysílání | Kč 10 000,- |
| d) Za provedené změny registrace nebo udělené licence k rozhlasovému vysílání | Kč 3 000,-“. |
Transitional, common and final provisions
(1) The operator of radio or television broadcasting by satellite, cable or satellite and cable transmission, who received a licence for such broadcasting before 1 January 1996 under the current regulations, will apply to the Council of the Czech Republic for registration under this Act within 90 days of its effectiveness.
(2) The operator of radio and television broadcasting may, within 90 days of the effectiveness of this Act, request the Council of the Czech Republic for radio and television broadcasting to abolish the conditions laid down by the Council of the Czech Republic for radio and television broadcasting in accordance with existing regulations; This request will be accepted by the Council of the Czech Republic for Broadcasting, except for the information which the Council of the Czech Republic for Broadcasting may decide to be binding under § 12 (2) of this Act.
(3) Pending the entry into force of Article 9 (1) of Regulation (EU) No 1307 / 2013, the Commission should be empowered to adopt delegated acts in accordance with Article 8 (2) to amend the Annex to this Regulation. Point 8 and Article IV shall not include the broadcasting time of the circuits to the Czech Radio newly allocated on 1 January 1996.
This Law shall take effect on 1 January 1996, with the exception of Articles I (8) and IV, which shall take effect on 1 July 1996.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 301 / 1995 Coll., amending and supplementing Act No. 468 / 1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, Act No. 103 / 1992 Coll., on the Council of the Czech Republic for Radio and Television Broadcasting, as amended, Act No. 483 / 1991 Coll., on Czech Television, as amended, Act No. 484 / 1991 Coll., on the Czech Radio, as amended, and Act No. 368 / 1992 Coll., on Administrative Charges, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1995 |
|---|---|
| Effective from | 01.01.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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